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  • bitzbytz
    05-13 03:05 AM
    finally...now what?




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  • anilkumar0902
    11-01 12:05 AM
    PVGanesh,
    Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.

    Good luck.

    Cheers




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  • my2cents
    09-30 12:58 PM
    If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?

    if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.

    if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.

    3) 1 1/2 yrs is the current H1-B status


    Thanks
    Karthik[/QUOTE]




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  • kumargovin
    06-03 10:33 AM
    I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.



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  • ItIsNotFunny
    09-22 03:21 PM
    Just gave you green

    Thanks buddy keep calling




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  • jpreston
    October 25th, 2005, 05:06 PM
    Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.



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  • GCBy3000
    06-19 11:07 PM
    No one is saying this is what is going to happen 100%. It is all educated guess with whatever data in hand as of today.

    Any person who has filed labor 2+years back would be having the required data to guess the PD. Most of the people know more than immigration attorney in US about the entire labor process. USCIS is educating all of us with immigration law, senate, congress, Bills and the entire US political system.

    If I get GC, I will try to become an attorney or a senator.




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  • singhsa3
    01-23 09:35 PM
    Just a freindly reminder that we are still on for Saturday.



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  • voldemar
    06-27 11:53 AM
    EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
    His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.




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  • texcan
    10-24 04:30 PM
    yes, really I missed that oppurtunity by 7 days. my only question is
    Can she stay here until I94 expires? or for 180 days?

    Thanks

    talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
    First try to get her here on H4 and then chase her GC application.
    Afterall, marriage is important



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  • immilaw
    09-21 01:46 PM
    I think we need the limit to go or at least double. I think the best way to make the congress and also the american voters happy is to NOT increase the visa numbers or bring in SKILL bill but to increase the existing 7% limit. This way they will be happy as the same number of ppl are getting PR and we will be happy as the priority dates will move forward.




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  • dixie
    08-22 02:07 AM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.


    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?



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  • logiclife
    03-22 04:34 PM
    Loss of country soft cap quota is intended and not an error. The hard cap ensures that the newly created EB 5 applicants get all the usused visas and to keep EB 5 well-supplied, the numbers are being drained from EB 1, 2 and 3.

    All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.

    Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.

    The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.




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  • gimme_GC2006
    04-13 01:13 PM
    Thanks for the response.

    So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.

    And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?

    How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.

    Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.

    Your help & advice greatly appreciated.

    Thanks
    just search on this site..this is discussed almost every week.



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  • swamy
    12-18 10:47 PM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?

    I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.




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  • bunan
    01-07 02:47 PM
    The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.


    Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.



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  • gimme_GC2006
    04-13 01:13 PM
    Thanks for the response.

    So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.

    And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?

    How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.

    Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.

    Your help & advice greatly appreciated.

    Thanks
    just search on this site..this is discussed almost every week.




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  • NikNikon
    August 14th, 2006, 11:01 PM
    D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

    Problem with H1 Employer [Archive] - Immigration Voice

    View Full Version : Problem with H1 Employer





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  • factoryman
    07-02 02:29 AM
    IV is so diverse, and mostly anonymous. Quoting one of the greatest persons in history is fine in theroy. But please practice it.

    First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.

    I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.

    The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.

    Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.

    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"




    Desichakit
    09-15 03:01 PM
    Hi Sachug22,

    There will not be any co-relation of EB2 and EB3 as dates are different




    h1techSlave
    03-17 04:22 PM
    Some lenders do not lend to H1/EAD. So if the cheapest lender happens to not accept H1/EAD, then you did not get the cheapest rate.

    In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.

    I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.

    When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.

    I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.

    good luck



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